Employee who works on the July 9th holiday can earn double

Employees who are called to work on July 9, the date on which the anniversary of the Constitutionalist Revolution of 1932 is celebrated, may be entitled to receive overtime, with an additional 100%, depending on the collective agreement of their category. This year, the state holiday will fall on a Saturday.

In the capital and in the state of São Paulo, the date did not enter the list of early celebrations to contain the advance of Covid-19.

Labor legislation establishes that the employee is entitled to time off on holidays, but the law provides for exceptions.

Activities considered essential, such as transport services, health and supermarkets are authorized to operate. However, employees who are called to work need to be compensated for the day.

According to lawyer Orlando Mazaro Padoan, from Hulsen e Padoan Advogados, this compensation depends on the type of collective agreement signed by the company or category.

“Practically 100% of the companies have signed collective agreements that define the criteria for working on holidays. This working day can be compensated with a day off, or with payment of double the hours”, he says.

The company’s human resources department or the union representing the job category can clarify which agreement is signed in each case.

According to Ligia Pícoli, director of the human resources company Fibra RH, the company does not need to pay double the hours worked, if it has an hour bank, but this also depends on the collective agreement signed.

What happens if the employee is absent

If the company chooses to keep working hours and the employee is absent from work without justification, he will be disrespecting an employer’s order, says Padoan.

“The employee is not obliged to work on the holiday, however, if the company falls into an essential activity, and if he was scheduled for work, the absence may harm the company’s activity and the team scheduled for the day.”

In more serious cases, if it is in fact proven that the embezzlement seriously harmed production, the employee can be fired for just cause, says the lawyer.

Comércio de São Paulo will be open next Saturday

According to FecomercioSP, street commerce and food stores throughout the State of São Paulo should operate at normal hours on the July 9th holiday. Each region, however, decides the hours that the stores should open. According to Ivo Dall’Acqua, vice president of the federation, the collective norms for the operation of commerce were defined in September of last year.

“The 9th of July is a good date for trade in general, because it is the only holiday of the month”, says Dall’Acqua. “This year it falls on a Saturday, a very busy day in commerce, and comes two days after the fifth working day, which should help a lot in sales”, he says.

According to Univinco (Union of Shopkeepers of Rua 25 de Março and Adjacencies), the operation of the trade will follow normal hours this Saturday, from 8 am to 15 pm. The entity informs that shopkeepers began to be notified about the opening of trade in the last week.

According to the São Paulo Trade Union, the operation of the commerce in the capital of São Paulo will follow the usual Saturday schedule, which provides for eight hours of operation. Employees called to work will receive double the day, according to the entity. Employees who work on the third holiday of the year will be entitled to time off. Also according to the union, workers are entitled to a meal or meal vouchers.